How Fault will be Established in a Personal Injury Claim for Child
When it comes to the well-being of our children, we expect only the best. Every day we send our kids to school, daycare, on field trips, and onto school busses. School and daycare centers have the legal obligation to make reasonable efforts to keep children safe. However, if your child is injured, it is important to know how fault will be established in a personal injury claim.
What is considered to be adequate supervision when it comes to children will depend largely on the circumstances. Every child is different, and a child’s age and experience will play a role in how a child approaches a situation, and therefore the level of supervision required. For example, a kindergartner sitting down and coloring may require less supervision than a kindergartener on a playground. Likewise, a child who has been playing a contact sport for several years may not require the same amount of supervision as a child that is just beginning.
Monitoring Children During Activities
In addition to monitoring children during activities, care providers and educators also need to monitor situations from potential threats from outside factors. This can include protecting children from bullying and injuries inflicted by other children. Also, situations must be monitored to protect children from threats from adults, such as abuse or abduction. Calling the police may be an appropriate response to any extreme situation where the safety of a child is threatened.
In addition to adequate supervision in the classroom or on the playground, school bus drivers owe children a duty of care when transporting them to and from school. Bus drivers not only have to duty to drive responsibly, they also must exercise care when children are entering or exiting the bus. The driver must also ensure the lights are flashing and that the stop bar and warning lights are visible to traffic before letting kids off the bus.
If your child was injured due to the negligence of another, you may be eligible for damages to compensate you for your child’s medical expenses and ongoing medical care. Public school is government entities and there are strict guidelines you must follow in order to take legal action against them. The personal injury attorneys from Law Offices of Wolf & Pravato can help prove negligence on the part of your child’s care provider in order to obtain the compensation you deserve. Contact us toll free at (800) 428-3476 to speak with a Boynton Beach personal injury lawyer.
